§ 2335 — Motor vehicle liability insurance rates; prohibition of surcharges for certain accidents and traffic infractions

* § 2335. Motor vehicle liability insurance rates; prohibition of\nsurcharges for certain accidents and traffic infractions. No insurer\nauthorized to transact or transacting business in this state, or\ncontrolling or controlled by or under common control by or with an\ninsurer authorized to transact or transacting business in this state,\nwhich sells a policy providing motor vehicle liability insurance\ncoverage in this state shall increase the policy premium in connection\nwith the insurance permitted or required by this chapter solely because\nthe insured or any other person who customarily operates an automobile\ncovered by the policy:\n (a) has had an accident that does not result in aggregate damage to\nproperty in excess of two thousand dollars, provided that any policy\nsurcharge shall be permissible for any accident which results in bodily\ninjury or if the insured has more than one accident in the merit rating\nexperience period. Nothing in this subsection shall change the dollar\namount of the accident reporting threshold required under paragraph one\nof subdivision (a) of section six hundred five of the vehicle and\ntraffic law.\n (b) has been found guilty of a traffic infraction under any of the\nprovisions of the vehicle and traffic law provided, however, that this\nprovision shall not apply to a conviction for a violation which occurred\nduring the thirty-six month period ending on the last day of the fourth\nmonth preceding the month of the effective date of the policy if such\nconviction consisted of:\n (1) operating a motor vehicle at a speed of more than fifteen miles\nper hour in excess of the legal limit;\n (2) operating a motor vehicle in excess of the speed limit, or in a\nreckless manner, where injury or death results therefrom;\n (3) operating a motor vehicle in excess of the speed limit, or\nreckless driving, or any combination thereof, on three or more\noccasions;\n (4) operating a motor vehicle while intoxicated or impaired by the\nconsumption of alcohol;\n (5) operating a motor vehicle while impaired by the use of a drug,\nwithin the meaning of section one thousand one hundred ninety-two of the\nvehicle and traffic law;\n (6) homicide or assault arising out of the use or operation of a motor\nvehicle, or criminal negligence in the use or operation of a motor\nvehicle resulting in the injury or death of another person, or use or\noperation of a motor vehicle directly or indirectly in the commission of\na felony;\n (7) operating a motor vehicle while seeking to avoid apprehension or\narrest by a law enforcement officer;\n (8) filing or attempting to file a false or fraudulent automobile\ninsurance claim, or knowingly aiding or abetting in the filing or\nattempted filing of any such claim;\n (9) leaving the scene of an incident without reporting;\n (10) filing a false document with the department of motor vehicles, or\nusing a license or registration obtained by filing a false document with\nthe department of motor vehicles;\n (11) operating a motor vehicle in a race or speed test;\n (12) knowingly permitting or authorizing an unlicensed driver to\noperate a motor vehicle insured under the policy;\n (13) operating a motor vehicle insured under the policy without a\nvalid license or registration in effect, except when the person\nconvicted had possessed a valid license or registration which had\nexpired and was subsequently renewed, or during a period of revocation\nor suspension thereof, or in violation of the limitations applicable to\na license issued pursuant to article twenty-one or article twenty-one-a\nof the vehicle and traffic law; or\n (14) two or more moving violations of any other provision of the\nvehicle and traffic law;\n (c) has had a temporary suspension of a driver's license pending a\nhearing, prosecution or investigation or an indefinite suspension of a\ndriver's license which is issued because of the failure of the person\nsuspended to perform an act, which suspension will be terminated by the\nperformance of the act by the person suspended, or has had more than one\nsuch temporary or indefinite suspension arising out of the same incident\nissued against him or her, provided that the foregoing provisions of\nthis section shall not apply if such suspension or suspensions has or\nhave not been terminated on or before the effective date of the policy;\nor\n (d) with respect to a non-commercial private passenger automobile\ninsurance policy, has had an accident while operating a commercial\nvehicle in the course of employment and in the discharge of the\nemployee's duties at the time of the accident, unless the accident is\ndetermined to have been caused by the intentional action or gross\nnegligence of the insured.\n * NB Expires July 1, 2026\n